Measuring compliance of non-forensic mental health laws with article 12 of the convention on the rights of persons with disabilities

Abstract

This thesis responds to calls for greater clarity regarding the human rights standards that should be met by mental health legislation, and a mechanism by which to measure such standards. The research provides a new and contemporary human rights analysis tool, the Analysis Instrument for Mental Health, and uses the tool to demonstrate compliance of Victorian mental health legislation. The outcomes that can be achieved through use of the tool include identification of compliance with human rights, and law reform required to achieve full recognition of the right to equal recognition before the law under mental health legislation.